S 8621: Returns the state's energy codes to the less expensive earlier provisions; repeals provisions of the state energy conservation construction code which relate to the state's clean energy and climate agenda.

  
  STATE OF NEW YORK ________________________________________________________________________ 8621 2025-2026 Regular Sessions  IN SENATE December 17, 2025 ___________ Introduced by Sen. MATTERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the energy law, in relation to returning the state's energy codes to the 2020 provisions; and to repeal certain provisions of such law relating to the state energy conservation construction code The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 3-101 of the energy law, as 2 amended by chapter 374 of the laws of 2022, is amended to read as 3 follows: 4 2. to encourage conservation of energy [and to promote the clean ener- 5 gy and climate agenda, including but not limited to greenhouse gas 6 reduction, set forth within chapter one hundred six of the laws of two 7 thousand nineteen, also known as the New York state climate leadership 8 and community protection act,] in the construction and operation of new 9 commercial, industrial, agricultural and residential buildings, and in 10 the rehabilitation of existing structures, through heating, cooling, 11 ventilation, lighting, insulation and design techniques and the use of 12 energy audits and life-cycle costing analysis; 13 § 2. Subdivision 3 of section 11-102 of the energy law, as amended by 14 chapter 374 of the laws of 2022, is amended to read as follows: 15 3. "ASHRAE [90.1] 90.1-2016." ANSI/ASHRAE/IES Standard [90.1] 16 90.1-2016, entitled "Energy Standard for Buildings Except Low-Rise Resi- 17 dential Buildings," published by American Society of Heating, Refriger- 18 ating and Air-Conditioning Engineers, Inc. 19 § 3. Subdivision 2 of section 11-103 of the energy law, as amended by 20 chapter 374 of the laws of 2022, is amended to read as follows: 21 2. [(a)] The state fire prevention and building code council is 22 authorized, from time to time as it deems appropriate and consistent 23 with the purposes of this article, to review and amend the code, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14268-01-5 
 S. 8621 2 1 adopt a new code, through rules and regulations provided that the code 2 remains cost effective with respect to building construction in the 3 state. In determining whether the code remains cost effective, the code 4 council shall consider [(i) whether the life-cycle costs for a building 5 will be recovered through savings in energy costs over the design life 6 of the building under a life-cycle cost analysis performed under method- 7 ology as established by the New York state energy research and develop- 8 ment authority in regulations which may be updated from time to time, 9 and (ii) secondary or societal effects, such as reductions in greenhouse 10 gas emissions, as defined in regulations. Before publication of a notice 11 of proposed rule making establishing the methodology or defining second- 12 ary or societal effects, the president of the authority shall conduct 13 public meetings to provide meaningful opportunities for public comment 14 from all segments of the population that would be impacted by the regu- 15 lations, including persons living in disadvantaged communities as iden- 16 tified by the climate justice working group established under section 17 75-0111 of the environmental conservation law] whether the cost of mate- 18 rials and their installation necessary to meet code standards would be 19 equal to or less than the present value of energy savings that could be 20 expected over a ten year period in the building in which such materials 21 are installed. For residential buildings, the code shall meet or exceed 22 the [then most recently published] 2018 International Energy Conserva- 23 tion Code, or achieve equivalent or greater energy savings; and for 24 commercial buildings, the code shall meet or exceed [the then most 25 recently published] ASHRAE [90.1] 90.1-2016, or achieve equivalent or 26 greater energy savings. 27 [(b) When adopting the first amended version of the code next follow- 28 ing the effective date of the chapter of the laws of two thousand twen- 29 ty-two that added this paragraph and any subsequent codes, the state 30 fire prevention and building code council shall use its best efforts to 31 adopt provisions for residential buildings that achieve energy savings 32 greater than energy savings achieved by the then most recently published 33 International Energy Conservation Code and to adopt provisions for 34 commercial buildings that achieve energy savings greater than energy 35 savings achieved by the then most recently published ASHRAE 90.1, both 36 at levels recommended by the New York state energy research and develop- 37 ment authority, provided that the state fire prevention and building 38 code council determines that such advanced energy savings can be 39 achieved while still meeting the cost effectiveness considerations 40 contemplated by this subdivision.] 41 § 4. Subdivisions 6, 7, 8 and 9 of section 11-104 of the energy law 42 are REPEALED. 43 § 5. This act shall take effect immediately.